Gwinnett County Property Division Attorney
Assisting Clients Through The Property Division Process in Georiga
All property acquired during the marriage from earnings of either spouse, no matter whose name it is in or who earned the money with which the property was acquired, is subject to equitable division of property by the court. Equitable division is defined as what is fair and reasonable under the circumstances. An equitable division does not have to be an equal division.
Call Daniels & Taylor, P.C. today at (770) 285-1673 or contact us online to schedule a free case evaluations in Gwinnett County.
What is Considered Marital Property in Georgia?
Property one spouse brought into the marriage is generally separate and not divided, but an increase in its value during the marriage that results from either spouse’s efforts may be divided.
Property received by either spouse through gift, inheritance, bequest, or devise remains the separate property of that party and is not subject to equitable division unless the appreciation in the value was caused by efforts of either party during the marriage. A spouse’s business, bank accounts, IRAs, 401(k)s, pensions, inventory, accounts receivable, automobiles, and real property may be subject to equitable division.
Contact Daniels & Taylor, P.C., to schedule an appointment for an office free case evaluations to discuss your property rights in a divorce. We will use our education and experience in law, business, and accounting to advise and assist you in seeking your fair share of property division.
How is Property Divided in Georgia?
In Georgia, the process of property division adheres to the principle of equitable distribution. This means that marital assets and debts are divided fairly but not necessarily equally.
Marital assets typically include real estate, vehicles, financial accounts, investments, and other valuable possessions acquired during the marriage. Debts incurred during the union are also subject to division. The court considers various factors when determining the equitable distribution of property, including:
- Duration of the Marriage: The course of the marriage often influences how assets are divided. The length of the marriage is one of the factors the court may consider in dividing property.
- Financial Contributions: The court assesses each spouse’s financial contributions to the marriage, including income, homemaking, and childcare responsibilities.
- Earning Capacity: The court considers the future earning capacity of each spouse, taking into account their education, skills, and employability.
- Conduct During the Marriage: While Georgia is a no-fault divorce state, the court may still consider any misconduct that had a financial impact on the marriage.
Qualified Domestic Relations Orders (QDROs)
A Qualified Domestic Relations Order (QDRO) is a court order that can assign retirement plan benefits to a spouse, former spouse, or child as part of a divorce.
The drafting of a QDRO involves federal (ERISA) and state laws and many complex or technical rules and requirements.
Secure Your Assets with Gwinnett County’s Trusted Property Division Lawyers
If you are facing the complexities of property division, Daniels & Taylor, P.C. is here to provide the legal guidance and representation you need. Our Gwinnett County property division attorneys combine legal expertise with a commitment to understanding the unique circumstances of each case. We are here to help you navigate the legal intricacies and secure a fair and equitable resolution for your property division matters. Trust us to be your advocate during this challenging time. From our office in Lawrenceville, our lawyers represent clients in communities throughout Gwinnett County, Georgia.
Call us at (770) 285-1673 or contact us by email to arrange a free case evaluations today.
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Frequently Asked Questions: Property Division in Georgia
How is property divided in a Georgia divorce?
Georgia follows equitable distribution, which means marital property is divided fairly — not necessarily 50/50. Courts weigh factors such as each spouse's contributions, circumstances, and conduct. Daniels & Taylor, P.C. works to ensure your contributions and interests are fully accounted for.
What is the difference between marital and separate property?
Marital property is generally what was acquired during the marriage; separate property is what a spouse owned before marriage or received by gift or inheritance. Separate property can become marital if it is commingled. Daniels & Taylor, P.C. traces and characterizes assets accurately.
How are retirement accounts and pensions divided?
The portion of a retirement account or pension earned during the marriage is typically subject to division, often through a Qualified Domestic Relations Order (QDRO). Daniels & Taylor, P.C. makes sure these assets are valued and divided correctly and tax-efficiently.
Who gets the house in a Georgia divorce?
There is no automatic rule. Common outcomes include selling the home and splitting the equity, one spouse buying out the other, or one spouse keeping it where affordable. The court weighs equity, custody, and finances. Daniels & Taylor, P.C. helps you pursue the option that fits your situation.